R/SCR.A/7196/2025 ORDER DATED: 10/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7196 of 2025 ========================================================== KALUBHARTHI LALBHARTHI GOSWAMI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ALOK M THAKKAR(6510) for the Applicant(s) No. 1 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/09/2025 ORAL ORDER By way of present petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the BNSS, the petitioner has sought for the following relief: “Your Lordships be pleased to quash and set aside the order granting exhibit to a document vide Exhibit 24 and also the order passed in the Revision Application No.249 of 2024 passed by the learned 8th Additional Sessions Judge, Rajkot and further be pleased to direct the concerned JMFC, being learned 7th Additional Judicial Magistrate, First Class having jurisdiction to trial Criminal Case No.1423 of 1996 to discard the said exhibited document and proceed in accordance with law, which is annexed hereto and marked Annexure-A (Colly);” Heard learned advocate for the petitioner and learned APP for respondent No.1 – State of Gujarat. Perusing the record, it appears that the grievance of the petitioner is that initially a document was given tentative exhibit and subsequently it was exhibited as Exh.24. Being aggrieved and R/SCR.A/7196/2025 ORDER DATED: 10/09/2025 dissatisfied, the petitioner preferred Criminal Revision Application No.249/2024 which came to be dismissed vide order dated 30.04.2025 by the learned 8th Additional Sessions Judge, Rajkot. Hence, the petitioner has preferred the present petition. Considering the controversy involved in the matter, it is needless to say that merely exhibiting a document is not a final verdict. Hence, petition is disposed of with liberty to raise all available contentions qua applicability and relevancy of the evidence and the learned trial Court is directed to decide the same on its own merits independently keeping in mind the fact that merely exhibiting a document is not final verdict and without being influenced by any observations made while rejecting application Exh.24 or the order passed by the learned Revisional Court or the impugned order. With above direction, present petition is disposed of. It is made clear that this Court has not examined the merits of the case. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 10/09/2025 16:03:36